A portion of the disclosure of this patent document contains material which is subject to copyright protection. The copyright owner has no objection to a statutory fair use of this material, as it appears in the files of the files or records of the U.S. Patent and Trademark Office, but otherwise reserves all copyright rights whatsoever.
This invention relates to the reduction of frivolous professional liability claims. More particularly, this invention relates to the provision of insurance to pay the costs of counter litigation, especially, but not necessarily only for malicious prosecution of frivolous professional liability claims, including publicizing the identities of holders of such insurance as a deterrent.
Still more particularly, present invention is in the field of digital electrical apparatus and methods for making and using the same, and products produced thereby. More particularly, the present invention is directed to a digital electrical apparatus and method for data processing, data management, and computer communications, having particular utility in the fields of insurance, accounting, marketing, etc. Still more particularly, the present invention pertains to a a digital electrical apparatus and method for making and using it to process and produce digital electrical signals relating to insurance coverage for funding counterlitigation, counterclaim, and countersuit cost, or other counter proceedings.
As society has become more litigious, any reason for people to amicably resolve their differences by other avenues would be worthwhile. Unfortunately, people have found themselves defending litigation more frequently, and sometimes counterclaiming or countersuing where they would have otherwise walked away.
Consider an example. Professionals (including physicians, attorneys, architects and others) have found themselves defending an increasing number of professional liability claims brought by patients or clients unhappy with the quality of the professional services rendered, or with the results of those services. In some cases, charges of professional misconduct are warranted. However, in many cases, the charges are unwarranted; despite competent services rendered at or above the appropriate level of care, concern and attention, and without fault on the part of the professional, the desired result may not be achieved in all cases. Nevertheless, to avoid the disruption of a protracted legal action, such frivolous cases are frequently settled by the accused professionals for their nuisance value.
A frivolous charge of professional misconduct may be brought on behalf of an unhappy patient or client simply because there is no adequate disincentive not to do so. Although it may be possible, if the frivolous nature of the complaint can be proven, to pursue counter litigation (for example, a xe2x80x9ccountersuitxe2x80x9d for wrongful or malicious prosecution against the proponents of frivolous claims, e.g., the patient/client or his or her attorney), such countersuits frequently are not instituted or pursued because of the commitment in time, and particularly in legal fees, that is involved.
Although these problems affect anyone and many different professional fields as discussed above, the problem is particularly acute in the case of physicians. Therefore, the remainder of this specification will be addressed to medical malpractice counterclaim insurance, it being understood that the discussion applies equally well to other counterclaims, including separate countersuits and non-court activity, such as expert witness or attorney disciplinary proceedings; administrative action, presentations to prosecuting attorneys, and the like. The discussion also applies to different types of legal subject matter, professional liability claims, and insurance.
Even though medical malpractice claims usually are covered by insurance, they have many negative implications. First, one""s competence is challenged and one""s reputation is damaged,threatening one""s future livelihood. Second, the stress of practicing medicine is increased. Third, the physician-patient relationship is damaged. Fourth, physicians are encouraged to practice cost-inefficient defensive medicine. Fifth, the physician is required to prepare for the lawsuit, spending time away from the office that does not generate income. Sixth, the premiums for malpractice liability insurance may increase, possibly even after a successful defense. Seventh, the physician is placed in a vulnerable and uncomfortable position as a witness. Eighth, the physician may be pitted against another physician (a) in trying to allocate blame if more than one physician was involved, or (b) where another physician appears as an expert witness on behalf of the plaintiff. Ninth, stress develops at home between the physician and his or her spouse and family. Tenth, the joy is taken out of practicing medicine. Eleventh, a judgment over the maximum coverage limits of a physician""s malpractice insurance policy can bankrupt the physician.
For these reasons it would be desirable to be able to provide an improved deterrent to the filing and prosecution of litigation, especially frivolous professional liability claims.
It is an object of this invention to attempt to provide an improved deterrent to the filing and prosecution of litigation, especially frivolous professional liability claims.
It is another object of this invention to provide computer support for the improved deterrent.
It is yet another object of this invention to provide an integrated system of multiple computer support systems for efficiently supporting the improved deterrent.
In accordance with this invention, there is provided a method of deterring litigation claims such as prosecution of frivolous professional liability claims against professionals.
The method includes offering to professionals a plan of insurance for paying costs of prosecuting a claim against a proponent of a frivolous professional liability claim. Applications are received from professionals for the insurance, including by means of one or more of the computer systems discussed subsequently herein. Professionals (i.e., those from whom the applications are received) are provided with insurance coverage by significant computer support, including support for determining a suitable premium structure, generating insurance documentation, accounting, marketing, intra and inter-computer data processing, handling claims, updating premium structures, and auditing financial operations. A database of professionals covered under the plan of insurance is maintained as professionals are accepted into and added to the plan of insurance. The database is linked to a publicly-accessible communications interface for viewing by any computer of a member of the public, and the existence of the database is publicized.
Accordingly, the invention includes apparatus, method for making the apparatus, and method for using the apparatus, articles of manufacture (e.g., program with storage medium) data base and data structures and necessary intermediates.
A broad view of the invention is as follows: A computer-implemented method for determining a premium structure for insurance providing coverage including counterclaim coverage, the method comprising the steps of: receiving actuarial data and census data, at least one of said data including indicia of litigation frequency and cost; computing a premium structure, based upon the actuarial data and the census data, for the insurance providing coverage including counterclaim coverage; and generating insurance documentation including premium structure.